Randall J Holmgren’s Answers

Randall J Holmgren

Salt Lake City Trusts Attorney.

Contributor Level 9
  1. Ex ordered to pay on 4 kids. 2 now live with him, I allowed that. Is he required to pay on the 2 living with me or is it even?

    Answered over 4 years ago.

    1. Randall J Holmgren
    1 lawyer answer

    I know this isn't the answer you want to hear, but the answer is "it depends on what the court says." Whenever you and your ex make a "deal" outside of the legal system, you're really "on your own" as to how that deal is affected by your Divorce Decree or vice versa. Technically, I think he still owes you for all 4 children (because that's what the Divorce Decree says), but in all fairness, he's supporting 2 of them (albeit without the approval of the Court). If you were in Court, there...

  2. How do I get temporary guardianship of a minor?

    Answered 10 months ago.

    1. John Arnold Steakley
    2. Robert M. Gardner Jr.
    3. Adrian Kaspar Pritchett
    4. Randall J Holmgren
    4 lawyer answers

    The form, alone, is not enough. Only the Courts can create a legal guardianship. Whether you try to use some do-it-yourself form (to submit to the Court) or whether you hire a lawyer to help you, only the Court can create the guardianship. It may or may not be relatively simple and inexpensive in GA but, again, the Court creates the guardianship. Your sister (if she's of legal age and competency) could sign some type of form or letter or piece of paper saying that "You are the guardian of...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. What happens when the Administrator does not perform his duties and is using the rental income for his own purposes ?

    Answered about 2 months ago.

    1. William J Popovich
    2. Justin Jeppesen
    3. Randall J Holmgren
    3 lawyer answers

    Without having more information, it sounds like the "Administrator" is neglecting or even purposefully avoiding his or her duties. When you ask "what happens", someone who is aware of what's going on needs to blow the whistle on the Administrator by contacting that person directly, getting other interested parties to join in contacting that person directly, or even bringing a lawsuit to force the Administrator to be accountable for what he or she is doing wrong.

    1 lawyer agreed with this answer

  4. What does this mean in a Trust?

    Answered about 2 months ago.

    1. Deborah Zaccaro Hoffman
    2. C L Huddleston III
    3. Joseph Michael Pankowski Jr
    4. Randall J Holmgren
    4 lawyer answers

    It means several things. Perhaps you're most interested in "no principal invasion shall be made for the purpose of paying any costs or fees associated with residency in a long term health care facility. That clause was probably inserted for the purpose of aiding the surviving spouse in qualifying for Medicaid assistance for paying the costs of long term health care. In fact, that may have been the purpose behind the entire paragraph. If the surviving spouse has control over his/her access...

    1 lawyer agreed with this answer

  5. Waived a trust

    Answered about 2 months ago.

    1. Randall J Holmgren
    2. Justin Jeppesen
    3. Dennis M Astill
    3 lawyer answers

    I don't know what you mean? If you are a beneficiary of a trust, and want to waive your rights, contact that Trustee of the trust and explain that you want to waive your rights.

    1 lawyer agreed with this answer

  6. Can a trustee who is also a beneficiary of a trust give everything to himself?

    Answered 9 months ago.

    1. Ricky J. Nelson
    2. Orsen E. Paxton III
    3. Leigh Hilton
    4. Randall J Holmgren
    4 lawyer answers

    No one can accurately ask these questions until you show them a copy of the Trust. There is a 90% change (approx) that the provisions in the Trust document will answer your questions.

    1 lawyer agreed with this answer

  7. How can I protect my assets and house from judgment or Med-cal cost? I wish to protect them for my daughter.

    Answered 10 months ago.

    1. Gregory Andrew Broiles
    2. Joshua Y. Lee
    3. Kevin Arnold Spainhour
    4. Lisa Jane Espada
    5. Randall J Holmgren
    5 lawyer answers

    If you're in Southern CA, call Dennis Sandoval (attorney). He is the best there is.

    1 lawyer agreed with this answer

  8. Will my estate owe estate tax when I die if I am worth less than $3 million when I die?

    Answered 10 months ago.

    1. Christopher Daniel Leroi
    2. Robert Phillip Odle
    3. David M. Rich
    4. Mark Zaynard
    5. Randall J Holmgren
    6. ···
    6 lawyer answers

    If you leave the house to your children through your will, the will WILL have to be probated in CO to determine if it is valid. A revocable "living trust" can create a probate bypass if it is done correctly. The value of your estate that can pass tax free to your children depends upon how much, if any, of the lifetime esate-tax exemption you use (before you die) by gifting to children (or other people) in excess of the annual gift-tax exemption. You may not know what that means, but a good...

    1 lawyer agreed with this answer

  9. If my parents purchased cemetery plots for me and my siblings who don't get along, will they be chosen first come, first served?

    Answered 10 months ago.

    1. Stephen John Reichert
    2. Randall J Holmgren
    2 lawyer answers

    The funeral home gave you the correct answer. Even if you die first, the siblings may tell the cemetery to not put you in the space purchased by your parents. If these is REALLY important to you, you need to consult a local attorney in Arkansas who will tell you how to get one of the plots titled to you.

    1 person marked this answer as helpful

  10. Will's, inheritance, right of survivorship...

    Answered almost 5 years ago.

    1. Sarah E. Adams
    2. Edward H Adamsky
    3. Randall J Holmgren
    3 lawyer answers

    If you don't have a will, your house is part of your children's inheritance under state law. If you don't want the house sold, then create a Will that says so. A trust would actually work better for this purpose. The right of survivorship would protect the house from being sold on the death of the first of two co-owners, but on the death of the surviving owner, see above.

    1 person marked this answer as helpful